Dog walkers are a vital part of pet care, providing peace of mind for their owners. But this straightforward task can be fraught with surprises—particularly regarding dog bites. When a dog walker is bitten by a dog he or she was hired to walk, questions arise: Who is liable? Can the dog walker sue the pet owner? What are the walker’s legal rights?
In this article, you will find how dog bite litigation works when a dog walker gets bitten, which legal defenses might be used by dog owners, and how judges decide on the liability. Both pet owners and dog walkers can use this handbook to better realize their obligations as well as liability in case the dog bites them.
Are Dog Owners Liable if Their Dog Bites a Walker?
Generally, yes—a dog owner can be held liable if their dog bites the walker they hired. However, the circumstances surrounding the bite are critical. Courts often consider several factors, including:
- Whether the dog had a history of aggression
- If the walker was properly warned of the risks
- The specific laws in the state where the bite occurred
Laws vary widely by jurisdiction, so it’s important to understand your state’s dog bite statutes and whether it follows strict liability or requires proof of negligence.
Strict Liability vs. Negligence States
Understanding how different states handle dog bite liability is crucial for both victims and dog owners. In the U.S., laws typically fall under either strict liability or negligence-based frameworks. In this article, you will learn the key differences between these approaches and how they impact legal responsibility after a dog bite.
Strict Liability
In strict liability states, a dog owner is automatically responsible if their dog bites someone, regardless of whether the dog has shown prior aggression. This law typically applies even if the dog walker took on some risk by agreeing to handle the pet.
States like California, Florida, and New Jersey follow strict liability rules. In these areas, dog walkers often have a stronger legal case for seeking compensation after a bite.
Negligence-Based Liability
In other states, the injured party must prove that the dog owner was negligent or that the dog had a known history of aggression. In these jurisdictions, the owner might only be held liable if they:
- Knew the dog had bitten someone before
- Failed to warn the walker of the dog’s aggressive tendencies
- Did not take proper precautions (e.g., failed to provide a muzzle or secure leash)
States like Texas, New York, and Oregon may follow this type of standard, which can make lawsuits more challenging for dog walkers.
Assumption of Risk and the “Veterinarian’s Rule”
One common defense that pet owners may raise is that the dog walker “assumed the risk” of being bitten by agreeing to work with dogs. This concept is similar to the veterinarian’s rule, which holds that professionals who regularly handle animals are presumed to understand the risks involved.
Courts may evaluate:
- The dog walker’s level of experience
- Whether the walker was specifically warned about the dog’s behavior
- If safety measures were in place or ignored
If a court finds that the walker voluntarily accepted a known and inherent risk, it may reduce or eliminate the dog owner’s liability.
Important Questions in a Dog Walker Bite Case
To determine legal responsibility, courts and insurance companies often investigate several key questions:
- Did the owner warn the walker about aggressive behavior or past bites?
- Did the walker provoke the dog, either intentionally or accidentally?
- Was the walker performing duties within the scope of their employment?
- Was the bite a foreseeable event, or did it result from sudden, unpredictable behavior?
Answers to these questions can influence whether a lawsuit will be successful or if damages can be recovered.
Damages That Can Be Recovered
If a dog walker is bitten and files a lawsuit, they may be entitled to compensation for various types of damages, including:
Medical Expenses
This includes treatment for the dog bite, hospitalization, medications, follow-up visits, and therapy for psychological trauma if needed.
Lost Wages
If the dog bite results in missed workdays or an inability to walk dogs in the future, the victim may be able to recover lost income.
Pain and Suffering
In many cases, courts will award damages for physical pain, emotional distress, and anxiety following the incident.
Disfigurement or Scarring
Dog bites can cause long-lasting or permanent injuries. If visible scars or disfigurement result, additional compensation may be awarded.
Punitive Damages
In rare cases where the dog owner acted recklessly or maliciously—such as failing to warn the walker of a known aggressive dog—punitive damages may be available.
Who Pays for the Damages?
Often, the dog owner’s homeowners or renters insurance will cover injuries caused by their pets, including bites that occur off the property. However, coverage can vary. Some policies exclude specific breeds (like pit bulls or Rottweilers), or they may not cover professional dog walkers.
If insurance does not cover the bite, the victim may need to pursue the claim directly against the owner through a personal injury lawsuit.
What to Do If You’re a Dog Walker Bitten on the Job
If you’ve been bitten by a dog you were hired to walk, here’s what to do:
- Seek immediate medical attention – Even minor bites can become infected or cause long-term damage.
- Report the incident – File a report with local animal control or public health authorities.
- Document everything – Take photos of your injuries, save medical records, and write down what happened while it’s still fresh.
- Get witness statements – If anyone saw the attack, their statements can help support your case.
- Consult a personal injury attorney – A lawyer can help you understand your rights and determine whether a lawsuit is appropriate.
Tips for Pet Owners to Prevent Lawsuits
To minimize the risk of injury and potential legal action, dog owners should take the following precautions:
- Disclose behavioral issues honestly when hiring a dog walker.
- Use proper restraints, such as secure collars, harnesses, and leashes.
- Consider a muzzle if your dog has shown signs of aggression.
- Ensure the walker is experienced and capable of handling your specific dog.
- Review your insurance policy to confirm coverage for dog bites.
Being proactive helps create a safer experience for everyone involved and reduces the chances of a costly lawsuit.
Can Dog Walkers Sue If They’re Independent Contractors?
Yes, independent contractors—which most dog walkers are—can still file a lawsuit. However, they are generally not eligible for workers’ compensation benefits. That means if they’re bitten, their only legal remedy may be a personal injury lawsuit against the dog’s owner.
In some cases, a dog walking company may have liability insurance that could offer compensation, but this depends on the business structure and the specific situation.
Real-World Example
Imagine a dog walker named Sarah who was bitten on the forearm by a client’s German Shepherd during a routine afternoon walk. The owner failed to mention that the dog had a history of lunging at strangers and other dogs. Sarah required stitches and lost two weeks of work. She filed a claim against the dog owner, and the owner’s homeowners insurance paid for her medical bills, lost wages, and pain and suffering.
This is a good example of how lack of disclosure and prior knowledge of aggression can shift liability squarely onto the dog owner.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
